A. In addition to the grounds set forth in Colorado Revised Statutes section 44-10-701 et seq., it shall be unlawful for any person licensed pursuant to this article to:
1. Fail to comply with provisions of 1 CCR 212-3 et seq., and the Medical Marijuana Rules and Regulations for the City of Colorado Springs.
2. Make a wilful misrepresentation in applying for a license.
3. Fail to surrender to the Local Licensing Authority the license when required.
4. Fail to permit inspection/examination of books and records as required by law.
5. Consume or permit the consumption of medical marijuana in a licensed premises.
6. Fail to designate areas of ingress and egress for limited access areas and post signs in conspicuous locations as required by State law.
7. Fail to report a transfer or change in ownership, or any new financial interest or investment.
8. Fail to report the name of or a change in managers as required by City Code and regulations.
9. Display any signs or advertising that is inconsistent with City or State law or regulations.
10. Use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors, or that is inconsistent with the medicinal use of medical marijuana.
11. As a medical marijuana center licensee, fail to maintain possession of a storefront from which the business is operated.
12. Operate a retail marijuana establishment within the City of Colorado Springs.
13. Sell, serve, or distribute any medical marijuana or medical marijuana infused product at any time other than between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M., Monday through Sunday.
14. Initiate the transport of any medical marijuana or medical marijuana infused product to another licensed facility at any time other than between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M., Monday through Sunday.
15. Fail to report changes and apply for a modification of premises as required by City Code and regulations.
16. Fail to disclose or apply for changes to hazardous or nonhazardous extraction processes for medical marijuana infused product (MIP) licensed activities, as defined in Zoning Code, Fire Code, and the Medical Marijuana Rules and Regulations for the City of Colorado Springs.
17. Sell, transfer, or possess any products other than medical marijuana, medical marijuana products, consumable industrial hemp products in compliance with Colorado Revised Statutes section 44-10-501(3)(e), or non-consumable cannabis related products and accessories.
18. Sell or distribute any nicotine products or alcohol products, or medical marijuana or medical marijuana products that contain any nicotine or alcohol.
19. Sell medical marijuana or medical marijuana products over the internet or deliver medical marijuana or medical marijuana products to a person not physically present inside the medical marijuana center's licensed premises. Nothing in this section is meant to inhibit or prohibit the lawful sales and transportation of medical marijuana or medical marijuana products to other medical marijuana facilities licensed pursuant to State law.
20. Display, cultivate, sell, or transport any medical marijuana or medical marijuana products in a manner that is visible to the public.
21. Cultivate any medical marijuana not in an enclosed building or without adequate ventilation and filtration system that ensures odors from the cultivation activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit or residential unit.
22. Fail to maintain compliance with current Building and Fire Codes, including plumbing, electrical, and mechanical.
23. Fail to report or disclose any State Marijuana Enforcement Division violation notice or pending charges, or any suspension or revocation of an associated State Marijuana Enforcement Division license.
24. Fail to submit application for renewal of a City issued medical marijuana license not less than forty-five (45) days prior to the date of expiration. A licensee who files a late City medical marijuana license renewal application within forty-five (45) days prior to the date of expiration with the requisite fees and a non-refundable late application fee may continue to operate until the Local Licensing Authority has taken final action to approve or deny the licensee's late renewal application. No application for renewal of a medical marijuana license shall be accepted after the date of expiration.
B. A violation of any provision set forth in subsection A of this section may result in initiation of suspension or revocation proceedings.
C. A violation of any provision set forth in subsection A of this section, or cultivation, possession or sale of medical marijuana by an applicant who has not been granted a license, or by a licensee after suspension or revocation of a license may result in criminal prosecution by the appropriate authorities.
D. It shall be unlawful for any person to operate a retail marijuana establishment within the City of Colorado Springs. (Ord. 11-32; Ord. 13-47; Ord. 16-32; Ord. 16-56; Ord. 17-88; Ord. 20-93)